What can I do about this clause?

{'method': 'IN_APP', 'recipient': 'ChatGPT Settings > Data Controls > Improve the model for everyone', 'difficulty': 'EASY', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': "Log into ChatGPT, click your profile icon, go to Settings, select Data Controls, and toggle off 'Improve the model for everyone' to opt out of conversation data being used for AI training.", 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has jurisdiction over unfair or deceptive data practices under Section 5 of the FTC Act, including default opt-in schemes for secondary use of personal data without adequate consumer disclosure.', 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'State_AG', 'reason': 'California, Virginia, Colorado, Connecticut, and Texas AGs enforce state comprehensive privacy laws that regulate secondary use of personal data and require meaningful opt-out mechanisms.', 'complaint_url': 'https://www.naag.org/find-my-ag/'}

What is the severity of this clause?

ConductAtlas classifies this AI Model Training on Conversation Data (Default Opt-In) clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

AI Model Training on Conversation Data (Default Opt-In) — OpenAI

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What it is

OpenAI uses your chat conversations to train its AI by default. You have to actively go into your settings and turn this off yourself.

Consumer impact (what this means for users)

Your chat conversations, including potentially sensitive personal information, are used by default to train OpenAI's AI models unless you manually opt out via account settings, placing the burden of privacy protection on the user rather than the company.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Opt Out of Arbitration

Log into ChatGPT, click your profile icon, go to Settings, select Data Controls, and toggle off 'Improve the model for everyone' to opt out of conversation data being used for AI training.

Cross-platform context

See how other platforms handle AI Model Training on Conversation Data (Default Opt-In) and similar clauses.

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Why it matters (compliance & risk perspective)

This means sensitive information you share with ChatGPT — including health details, financial concerns, or personal problems — could be used to train AI systems and potentially seen by OpenAI employees who review training data.

View original clause language

We use Personal Information to train, evaluate, and improve our models and Services, including to train models used to provide our Services. We may use your Content to improve model accuracy, safety, and capabilities. You can opt out of having your Content used to train our models by visiting your account settings.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: This provision implicates CCPA/CPRA Cal. Civ. Code §1798.121 (right to limit use of sensitive personal information), §1798.120 (right to opt-out of sale/sharing); FTC Act Section 5 (15 U.S.C. §45) regarding adequacy of consumer disclosure; state comprehensive privacy laws (Virginia VCDPA §59.1-578, Colorado CPA §6-1-1306) regarding consent for secondary use of personal data; and potentially HIPAA 45 CFR §164.502 if any health information is inadvertently disclosed in chat. The California Privacy Protection Agency and FTC are primary enforcement authorities. (2)

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Applicable agencies

FTC

The FTC has jurisdiction over unfair or deceptive data practices under Section 5 of the FTC Act, including default opt-in schemes for secondary use of personal data without adequate consumer disclosure.
File a complaint →
State AG

California, Virginia, Colorado, Connecticut, and Texas AGs enforce state comprehensive privacy laws that regulate secondary use of personal data and require meaningful opt-out mechanisms.
File a complaint →

Provision details

Document information

Document

OpenAI Privacy Policy

Entity

OpenAI

Document last updated

March 24, 2026

Tracking information

First tracked

April 27, 2026

Last verified

April 27, 2026

Record ID

CA-P-003156

Document ID

CA-D-00010

Evidence Provenance

Source URL

https://openai.com/policies/privacy-policy

Wayback Machine

View archived versions →

SHA-256

8d0fc75b2591d6a033bfeb50a1e7b57bb62cb682a52fcbbd714621617a7525af

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: OpenAI | Document: OpenAI Privacy Policy | Record: CA-P-003156
Captured: 2026-04-27 09:30:04 UTC | SHA-256: 8d0fc75b2591d6a0…
URL: https://conductatlas.com/platform/openai/openai-privacy-policy/ai-model-training-on-conversation-data-default-opt-in/
Accessed: April 29, 2026

Classification

Severity

High

AI Model Training on Conversation Data (Default Opt-In)